§ 16-15-727 — Correction of judgment - Mistakes, inadvertence, excusable neglect and fraud

Tennessee § 16-15-727

• Jurisdiction: Tennessee
• Title: 16

Text

(a) Tenn. R. Civ. P. 60.01, regarding clerical mistakes, shall apply to all courts of general sessions. The general sessions judge shall have the authority under the same circumstances and in the same manner as is provided in Tenn. R. Civ. P. 60.01 to correct such mistakes. (b) Tenn. R. Civ. P. 60.02, regarding mistakes, inadvertence, excusable neglect, fraud and other similar reasons set out in that rule, shall apply to all courts of general sessions. A motion under the general sessions court's authority under Tenn. R. Civ. P. 60.02 shall be filed within ten (10) days of the date of judgment. Once filed, the motion shall toll the ten-day period for seeking de novo review in the circuit court until the determination of the motion is concluded. Thereafter, an appeal for de novo review in the circuit court shall be filed within ten (10) days of the general sessions court's ruling on the motion to relieve a party or the parties' legal representative from a final judgment, order or proceeding in the same manner as provided in Tenn. R. Civ. P. 60.02.

Legislative History

Acts 1859-1860, ch. 109; Shan., § 4600; mod. Code 1932, § 8724; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-423; Acts 1993, ch. 241, § 44; T.C.A., § 19-1-116; Acts 2004, ch. 875, § 1; 2007, ch. 443, § 1.